One News Now: Soda ban struggles to survive court ruling

Former New York City Mayor Michael Bloomberg thinks his ban on large, sugary beverages will see the light of day, but two commentators disagree.

Various establishments would be prohibited from selling sugary drinks, namely sodas, greater than 16 ounces in size. Bloomberg's reasoning was that it would curb obesity and other health issues.

Two courts have ruled against the ban, but this month Bloomberg told Yahoo News Anchor Katie Couric that he expects to "win that battle" in court.

Julie Gunlock, Director of the Culture of Alarmism Project at the Independent Women's Forum, says the only place this will win is in Bloomberg's own head.

"A State Supreme Court judge was pretty clear that the ban was capricious and would lead to arbitrary enforcement,” she tells OneNewsNow. “Certain drinks were included. Certain drinks were excluded."

That decision was in March 2013. A state appeals court ruled in July of that year that Bloomberg overstepped his authority.

Nicole Gelinas, the Searle Freedom Trust Fellow at the New York-based Manhattan Institute for Policy Research, doesn't think a higher court will overturn those decisions.

"In general, they would tend to agree with the lower court,” she says. “They are conservative in the sense that they're not going to go back and say they disagree with the judge's fact finding and application of the law, except in very rare circumstances."

Gelinas thinks it's hard to disagree with Bloomberg’s goal of wanting people to be healthier, but she says a government restriction is probably not a very good idea.

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Independent Women’s Forum’s mission is to improve the lives of Americans by increasing the number of women who value free markets and personal liberty. Sister organization of Independent Women’s Voice.